What's Required A party may appeal the hearing officer’s findings and decision to state or federal court no more than 90 calendar days after the date the decision was issued. As part of the appeal process, the court must receive the records of the due process hearing, may hear additional evidence at the request of either party, base its decision on the preponderance of the evidence, and grant any appropriate relief(34 CFR 300.533) . What We Do When an appeal has been made by either the parent or the LEA,
the child must remain in the interim alternative educational setting pending the decision of the hearing officer or
unless the parent and the SEA or LEA agree otherwise.
The school must implement the hearing officer’s decision within 10 school days even if the school appeals the decision except that any reimbursements can be withheld until the appeal is resolved.
What's Required
A party may appeal the hearing officer’s findings and decision to state or federal court no more than 90 calendar days after the date the decision was issued. As part of the appeal process, the court must receive the records of the due process hearing, may hear additional evidence at the request of either party, base its decision on the preponderance of the evidence, and grant any appropriate relief (34 CFR 300.533)
.
What We Do
When an appeal has been made by either the parent or the LEA,
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